TERMS & CONDITIONS_

Welcome to the www.UNTITLEDrubber.com web site

(referred to below as “Web Site”)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE. IN THE EVENT THAT THE USER DOES NOT WISH TO ACCEPT ALL OR PART OF THESE TERMS AND CONDITIONS, HE IS REQUESTED TO RENOUNCE ANY USE OF THE SEVICE.

The following terms and conditions of use govern your use of the Web Site. The purpose of these terms and conditions is to define the arrangements for making available the services of the website, referred to below as ‘the Service’ and the User conditions for the Service. Any access to and/or Use of the website presupposes unconditional acceptance and compliance with the entirety of these General Conditions. They therefore constitute a contract between the Service and the User.

LEGAL INFORMATION_

The website is published by: 
UNTITLEDrubber
Dr. Jan van Breemenstraat 3 
1056 AB, Amsterdam, The Netherlands
KVK: 8498033
VAT : NL004039734B07
Director: Ivo Mittelmeijer

DEFINITIONS_

User: The User is any person who uses the Website or any of the services offered by the Website.

User Content: The term ‘User Content’ signifies the data transmitted by the User in the different sections of the Website.

ACCESS TO THE SERVICE_

The Service is accessible free of charge to any User who has access to the internet. Any costs relating to access to the Service, whether charges for equipment, software or internet access, are entirely for the User’s expense. The User is solely responsible for the proper functioning of his IT equipment and for his internet access.

Certain sections of the website are reserved for Members after identification using their User ID and their Password.

UNTITLEDrubber reserves the right to unilaterally deny access to the Service and without prior notification to any User who does not comply with these terms and conditions of use.

UNTITLEDrubber will do everything reasonably possible to ensure good access to the Service but is under no obligation whatsoever to achieve this.

UNTITLEDrubber cannot be held liable for any malfunction of the network or servers or any other event beyond its reasonable control that would hinder or impact access to the Service.

UNTITLEDrubber reserves the right to interrupt, temporarily suspend or modify without warning all or part of the Service for maintenance purposes or for any other reason, without such interruption giving rise to entitlement to any obligation or compensation.

PERSONAL DATA_

When you share personal data with us. We believe it is important that your personal information is handled with care. That is why we have set out for you in this statement how we handle your personal data and what rights you have. If you have any questions regarding this statement, please send your question by e-mail to: info@UNTITLEDRUBBER.COM

Only personal data voluntarily provided by the User will be collected.

Such personal data will be retained for a limited duration in a computer file which

UNTITLEDrubber reserves the right to make use of or commercialize with the User’s express agreement.

UNTITLEDrubber undertakes to take all necessary precautions to guarantee the security of the User’s personal data, inparticular to prevent these from being distorted, demaged or communicated to unauthorized third parties.

Data of a personal nature may – if necessary – be communicated at the request of the legal authorities or police services without the owner’s prior consent. Pursuant to the Act of 8 December 1992 on the protection of privacy as regards processing of personal data, the User has the right to access, rectify, amend and delete data concerning him, free of charge and at any time, by a simple request addressed to: Fortytwo Fiftyfour SA, Avenue Guillaume Herinckx 60, 1180 Bruxelles (Belgium).

CHANGES TO THIS CONTRACT_

UNTITLEDrubber may revise these Terms, Conditions and text at any time and from time to time by updating this contract. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site.

TERM AND CANCELLATION_

This contract is concluded for an indefinite term from the time that the User starts to use the Service.

APPLICABLE LAW & DISPUTES_

Relations between the User and UNTITLEDrubber including sales, are exclusively governed by Dutch law.

The Amsterdam court have exclusive jurisdiction in the event of disputes between the User and UNTITLEDrubber. Proceedings shall be conducted in the Dutch language.

GENERAL CONDITIONS OF SALE SCOPE_

These General Conditions of Sale (referred to below as the ‘General Conditions’) define the rights and obligations of the parties in the context of the sale of products (referred to below as the ‘Products’) via the internet site UNTITLEDrubber (see www.UNTITLEDrubber.com). These General Conditions govern the sale of all Products via the Website.

The General Conditions are concluded between, on the one hand, UNTITLEDrubber which has its registered office at Dr Jan van Breemenstraat 3, 1056 AB Amsterdam The Netherlands referred to below as the ‘Seller’ and on the other hand any person wishing to consult the Website and make a purchase, referred to below as the ‘Buyer’. The Buyer and the Seller are jointly referred to below as the ‘Parties’. The Parties agree that their relations will be exclusively governed by the General Conditions, to the exclusion of any conditions previously available on the Website and to the exclusion of any general conditions of the Buyer.

Any order for a Product offered on the Website (referred to below as the ‘Order’) presupposes that the Buyer has previously read and expressly accepted the General Conditions without this acceptance being subject to the handwritten signature of the Buyer. The confirmation of the purchase order constitutes an electronic signature which has the same force between the Parties as a handwritten signature and is proof of the entire order and of the amounts due for the implementation of the said order.

The General Conditions exclusively concern non-commercial Buyers (consumers).

The Buyer declares that he has full legal capacity to enter into an order.

AVAILABILITY OF PRODUCTS AND CONTRACTUAL SCOPE_

The Seller will use all reasonable means to announce the availability of products in real time on the site but cannot be held responsible if a product is no longer available to fulfil an order placed by the Buyer.

In case one of the ordered products is unavailable, the Buyer will be informed and will have the possibility either to amend the order or to cancel it, in which case the amount of his order will be refunded if he has already made payment.

Any photographs, texts and other descriptive elements illustrating products are not covered by the contractual scope. The Seller rejects any liability for erroneous photos or texts.

PURCHASE PRICE AND SHIPPING COSTS_

The price of each Product appears on the site in Euros, including VAT.

The shipping costs for delivery are for the Buyer’s expense.

ORDERS_

The Seller cannot be held liable for the consequences of communicating erroneous information provided by the Buyer when placing his order.

By clicking on the ‘BUY’ button, the Buyer definitively confirms his order and undertakes to pay the entirety of the total amount due.

The Seller will confirm each order by sending an e-mail to the Buyer within 48 hours of the order being placed, to the address stated by the Buyer.

The Seller will only deliver the goods after receipt of full payment, if necessary after verification by the issuing banking institution.

PAYMENT METHODS_

Purchases must be paid by means of Visa or Mastercard credit cards or by conventional European methods (ABN AMRO, BUNQ, ING, RABO, VSB etc.) via the secure system Molly (www.molly.com) and Paypal (www.paypal.com).

The Buyer will choose one of the suggested payment methods and will follow the instructions appearing on the site when confirming the Order.

RETENTION OF TITLE CLAUSE & TRANSFER OF RISKS_

The ordered products remain the property of the Seller up to the time the Purchase price has been paid in full.

Risk passes to the Buyer at the time that the ordered products are made available to the carrier.

Proof that the products have been made available to the carrier can be provided by all legal means and in particular by the carrier’s tracking system if he offers such a service.

The Buyer must sign the delivery receipt.

DELIVERY_

The Buyer must state the precise delivery address (house, place of work or other). The carrier will go to that address on working days and hand over the parcel(s) to the Buyer if the latter is present. If the Buyer is absent the carrier will leave an advice note in the letterbox It is then up to the Buyer to contact the carrier to agree on a new delivery date. If he fails to do so within 15 calendar days from the time the advice note was left, or if the Buyer is absent when the second delivery attempt is made, the Order will be automatically returned to the Seller..

PRICE AND DESCRIPTION OF EACH ITEM_

Arrangements regarding the right of withdrawal and a clause stating in bold print in a separate box from the text on the first page:

‘The consumer has the right to inform the company that he wishes to cancel the purchase, without penalties and without stating reasons, within 14 business days starting from the day after the goods are delivered or the contract for services is concluded.’

We deliver your orders via POST NL to all countries.

Shipping costs include packaging, insurance, handling and shipping costs.

We advise you to group your items into a single order.

We should note that we cannot group together two separate orders, and The Buyer will be required to pay shipping costs for each.

RIGHT OF WITHDRAWAL & RETURN ARRANGEMENTS_

Returns are accepted. If you find one of the items bought to be unsuitable, you have a period of 14 business days, starting from the day after delivery, to withdraw from the contract, without penalty and without stating reasons. The only cost that will be charged are the direct costs of returning the goods. The time limit for withdrawing from the contract is deemed to be observed if the notification provided it has been sent in writing or using a durable medium available to the recipient to whom he has access, is sent before expiry of a time limit of 14 days. You can return the goods in our offices. In that regard please contact us at:

info@UNTITLEDrubber.com

To exercise your withdrawal right please notify us of your decision of this present contract with a declaration stripped of any ambiguity. Please provide this via email to info@untitledrubber.com and we will respond with a return form. This return form must include your order number in order to track your return package.

In case of failure to comply with this time limit, the buyer will lose the right of withdrawal and cannot under any circumstances demand reimbursement of his purchase. If the buyer uses his right of withdrawal in accordance with the arrangements provided for the previous paragraph, we will reimburse the purchase price at the latest within 14 business days starting from receipt of the returned parcel on the same card used for payment.

We do not reimburse the shipping costs, which are directly paid to POST NL.

The exchange on our website is not allowed. Nonetheless, it is possible to arrange a visit to our studio in order to change the item chosen. The buyer will not be allowed to practice his retraction right if the product delivered has obviously been used or its condition has in any way deteriorated.

All sales articles with a promotion code are final sale. If an article is faulty please contact us at: info@UNTITLEDrubber.com

Only defects linked to the production are motives for contestation.

The item must be returned in its original condition and with its label to the Seller’s registered office at Dr Jan Van BreemenStraat 3, 1056 AB, Amsterdam, The Netherlands accompanied by the original sales invoice and return sheet, otherwise goods will not be taken back or exchanged.

SELLER’S RESPONSIBILITIEs_

The Seller only enters into a contract to make best endeavors as regards every aspect of the contract.

Problems linked to the website host or website provider and any problems generally relating to the internet cannot under any circumstances be imputed to the Seller. Regardless of the cause of the damage incurred by the Buyer and assuming that the Seller is liable, the Buyer cannot claim an amount exceeding the sale price.

APPLICABLE LAW & DISPUTES_

Relations between the Buyer and the Seller, including sales, are exclusively subject to Dutch law. The Amsterdam court have exclusive jurisdiction in the event of disputes between the Buyer and the Seller. Proceedings shall be conducted in the Dutch language.

Products, Content and Specifications_

All features, content, specifications, and products and prices of products and services described or depicted on this Web Site are subject to change at any time without notice. All weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Accuracy of Information.

We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

Use of this Web Site_

The Web Site design and all text, graphics, information, designs, logos, content, and other material displayed on or that can be downloaded from this Web Site are either the property of, or used with permission by UNTITLEDrubber and are protected by Dutch and International copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. All software used on this site is the property of UNTITLEDrubber or our software suppliers and is protected by Dutch and International copyright laws. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.

Electronic Communications_

When you visit this site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to this site, about any of our products or services, or for such other purposes as we deem appropriate.

International Access_

This Web Site may be accessed from countries other than the Netherlands. This Web Site may contain products or references to products that are not available outside of the Netherlands. Any such references do not imply that such products will be made available outside the Netherlands. If you access and use this Web Site outside the Netherlands you are responsible for complying with your local laws and regulations.

Trademarks_

Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks in the Netherlands and other countries. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without our written permission or the written permission of such third party owner.

Linking to this Web Site_

Creating or maintaining any link from another Web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply with the terms and conditions of our permission as well as all applicable laws, rule and regulations.

Third Party Links_

From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do so entirely at your own risk.

Choice of Law; Jurisdiction_

These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with Dutch law, without giving effect to any principles of conflicts of laws. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Indemnification_

You agree to defend, indemnify and hold UNTITLEDrubber harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Web Site.

Termination_

You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.

Additional Assistance_

If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, mail to: info@UNTITLEDrubber.com